Nowadays most collective bargaining agreements have arbitration clauses and most disputes are arbitrated. However, some contracts do not have binding arbitration or the arbitration clause specifically excludes a certain subject from arbitration. These cases arise more frequently in the public sector than in the private sector. West Chester County Correction Officers v. Westchester, ___A.D.3d___(2d Dept. Sept. 22, 2009), is an example from a case that arose in the public sector where retirement benefits were excluded from arbitration. The case also involves other procedural issues.